Sunil Dhawan — Cross/Redirect/Recross (Continued)

MR. WADE: GOOD MORNING, DR. DHAWAN.

MR. WADE: I THINK WHEN WE LEFT OFF WE WERE TALKING A LITTLE BIT ABOUT SOME OF THE INTERACTIONS THAT YOU HAD WITH THERANOS AND I'D LIKE TO PICK UP ON THAT. YOU WERE SHOWN DOCUMENT 2553, WHICH IS IN EVIDENCE. DO YOU STILL HAVE THAT DOCUMENT IN FRONT OF YOU? IT'S THE FIRST DOCUMENT IN THE BLACK BINDER, I BELIEVE.

MR. WADE: AND I'M JUST CALLING YOUR ATTENTION TO THE FIFTH PAGE OF THIS EXHIBIT. I THINK WHEN WE LEFT OFF THIS WAS -- WE WERE TALKING ABOUT THE FACT THAT LYNETTE SAWYER SERVED AS THE CO-LABORATORY DIRECTOR AT THERANOS DURING THIS PERIOD. DO YOU RECALL THAT?

MR. WADE: OKAY. AND I'D JUST LIKE TO NOTE NEXT TO THE HOURS WORK SPENT IN THIS DOCUMENT, DO YOU SEE THAT COLUMN UP THERE?

MR. WADE: IT NOTES THAT THE CO-LABORATORY DIRECTORS WERE ONLY GOING TO WORK 1 TO 5 HOURS AS NEEDED; CORRECT?

MR. WADE: AND THERE'S NO SUGGESTION IN THIS DOCUMENT OR ANY SUGGESTION THAT YOU'RE AWARE OF THAT YOU WERE GOING TO BE WORKING FULL TIME ON THIS JOB; RIGHT?

MR. WADE: OKAY. AND I THINK WHEN YOU WERE ON DIRECT EXAMINATION, MR. SCHENK ASKS YOU SOME QUESTIONS ABOUT THIS PERIOD BETWEEN NOVEMBER AND JULY AND NOTED THAT YOU HADN'T REALLY DONE MUCH ON AN AS-NEEDED BASIS FOR THERANOS. DO YOU RECALL THAT?

MR. WADE: AND DO YOU KNOW IF THAT'S BECAUSE WHEN THERE WERE SERVICES THAT WERE NEEDED IN THIS PERIOD, THAT THEY WERE CALLING ON MS. SAWYER TO DO THOSE SERVICES?

MR. WADE: OKAY. BUT THEY WEREN'T CALLING YOU?

MR. WADE: RIGHT. LET'S GO TO 10566 AND JUST FLESH OUT THIS CHRONOLOGY A LITTLE BIT. IT'S IN THAT SAME BOOK. DO YOU HAVE THAT IN FRONT OF YOU, DOCTOR?

MR. WADE: OKAY. DO YOU SEE 10566, IF YOU WOULD LOOK AT A COUPLE OF PAGES, DO YOU RECOGNIZE THIS TO BE THE PAPERWORK RELATING TO YOUR GOING ON TO THE CLIA LICENSE AT THERANOS?

MR. WADE: I WOULD MOVE THE ADMISSION OF 10566.

MR. WADE: AND IF WE COULD JUST GO TO THE SECOND PAGE. DO YOU SEE THAT THIS WAS FROM DOCTOR -- THIS WAS A LETTER THAT WAS SENT TO THE REGULATORS FROM BRAD ARINGTON. DO YOU SEE THAT?

MR. WADE: AND THAT WAS THE SENIOR REGULATORY COUNSEL AT THERANOS WHO YOU WERE DEALING WITH WHEN YOU WERE SIGNING UP WITH THE COMPANY. DO YOU RECALL THAT?

MR. WADE: OKAY. AND HE SENT IN THIS PAPERWORK, AND JUST FOCUSSING ON THE SECOND PAGE, THIS NOTES THAT YOU WENT ON TO THE LICENSE NOVEMBER 19TH, 2014. DO YOU SEE THAT?

MR. WADE: AND DO YOU RECALL AT THE TIME WHEN YOU INITIALLY WENT ON THE LICENSE THAT DR. ROSENDORFF WAS STILL ON THE LICENSE FOR ABOUT A MONTH AS WELL?

MR. WADE: OKAY. WELL, LET'S LOOK AT 10567. YOUR HONOR, I BELIEVE THIS IS A PUBLIC RECORD. I WOULD MOVE THE ADMISSION OF 10567.

MR. WADE: AND DO YOU SEE, DOCTOR, THIS IS A LETTER FROM DR. ROSENDORFF IN WHICH HE WAS REMOVING HIMSELF FROM THE CLIA LICENSE DECEMBER 17TH, 2014?

MR. WADE: OKAY. AND SO AT THAT POINT, HE WAS NO LONGER GOING TO BE SERVING AS THE CO-LABORATORY DIRECTOR WITH YOU?

MR. WADE: OKAY. ARE YOU AWARE ON ABOUT THAT SAME DATE THAT MS. SAWYER WAS ADDED TO THE LICENSE?

MR. WADE: OKAY. I'LL TURN YOUR ATTENTION TO 10562. DO YOU HAVE THAT IN FRONT OF YOU, DOCTOR?

MR. WADE: AND THIS IS A PUBLIC RECORD, SO I WOULD MOVE THE ADMISSION OF 10562.

MR. WADE: AND DO YOU SEE THIS IS A LETTER I THINK THE SAME DAY OR MAYBE THE NEXT DAY AFTER DR. ROSENDORFF WENT OFF THE LICENSE?

MR. WADE: AND DO YOU SEE, IF YOU TURN TO THE SECOND PAGE, THAT THIS IS PAPERWORK THAT SHOWS THAT DR. SAWYER WAS GOING ON TO THE LICENSE?

MR. WADE: AND IT WAS ACTUALLY EFFECTIVE AS OF NOVEMBER 19TH, 2014. DO YOU SEE THAT?

MR. WADE: OKAY. SO ACCORDING TO THIS PAPERWORK, SHE SERVED AS THE CO-LABORATORY DIRECTOR AT THERANOS; CORRECT?

MR. WADE: OKAY. AND YOU RECALL THAT WE SAW THAT ONE OF THOSE POLICIES -- AND AGAIN, SHE WAS SERVING, ACCORDING TO THE RECORD WE LOOKED AT BEFORE, IN A SIMILAR PART-TIME CAPACITY AS YOU WERE ON AN AS-NEEDED BASIS; CORRECT?

MR. WADE: AND DO YOU RECALL YESTERDAY WE SAW ONE OF THE POLICIES FROM THAT PERIOD BETWEEN NOVEMBER AND AUGUST WHERE DR. SAWYER SIGNED ONE OF THE SOP'S?

MR. WADE: LET'S GO TO ANOTHER ONE, 10525. DO YOU HAVE THAT IN FRONT OF YOU?

MR. WADE: AND DO YOU RECOGNIZE THIS AS A VERIFICATION DOCUMENT WHEN THEY WERE BRINGING AN ASSAY ON TO A SIEMENS ADVIA 2400?

MR. WADE: AND YOU SEE DR. SAWYER'S SIGNATURE DOWN THERE ON THE BOTTOM (INDICATING)?

MR. WADE: I MOVE THE ADMISSION OF 10525.

MR. WADE: YOU UNDERSTAND THAT WHEN TESTS ARE BROUGHT ONTO LINE, OR BROUGHT ONLINE WITHIN A LAB, THAT THERE ARE REGULATIONS WHERE THE LAB DIRECTOR VERIFIES THAT IT'S APPROPRIATE TO BRING THE TEST ONLINE?

MR. WADE: AND THAT EITHER LAB DIRECTOR CAN ATTEST TO THAT VERIFICATION AND CERTIFY THAT IT'S APPROPRIATE FOR THE TEST TO BE OFFERED WITHIN THE LAB?

MR. WADE: AND THAT -- AND YOUR CO-LABORATORY DIRECTOR, DR. SAWYER, WOULD HAVE HAD THE ABILITY UNDER THE LAW TO, TO SERVE THAT FUNCTION; CORRECT?

MR. WADE: AND WHEN THAT'S DONE, THESE RECORDS WOULD BE MAINTAINED WITHIN THE CLIA LAB SO IF THERE ARE EVER ANY QUESTIONS ABOUT WHETHER -- WHEN A TEST WAS VERIFIED, THERE WOULD BE DOCUMENTATION OF THAT; CORRECT?

MR. WADE: OKAY. I WOULD MOVE THE ADMISSION OF 10525.

MR. WADE: AND YOU HAD MENTIONED THAT YOU SAW A SIEMENS ADVIA WHEN YOU TOURED THE COMPANY. DO YOU RECALL THAT?

MR. WADE: AND THAT'S ONE OF THE DEVICES THAT MR. BALWANI AND OTHERS IN THE LAB SHOWED YOU?

MR. WADE: OKAY. AND YOU UNDERSTOOD THAT THE COMPANY WAS USING SIEMENS ADVIA EQUIPMENT?

MR. WADE: OKAY. I JUST WANT TO FOCUS YOUR ATTENTION ON THE BOTTOM. AND DR. SAWYER -- BY THIS SIGNATURE, DR. SAWYER IS VERIFYING THE APPROPRIATENESS OF USING THIS ASSAY IN THE THERANOS CLINICAL LAB AS OF JANUARY 11TH, 2015; CORRECT?

MR. WADE: OKAY. AND IF I CAN DRAW YOUR ATTENTION TO EXHIBIT 10526. DO YOU HAVE THAT IN FRONT OF YOU?

MR. WADE: AND YOU UNDERSTAND THAT, FROM YOUR EXPERIENCE WITH YOUR OWN LAB AND OTHERWISE, THAT WHEN TESTS ARE OFFERED IN A LAB, STANDARD OPERATING PROCEDURES ARE CREATED?

MR. WADE: AND THOSE PROCEDURES SET FORTH A MANNER BY WHICH A TEST SHOULD BE PERFORMED WITHIN THE LAB?

MR. WADE: AND THAT IT'S IMPORTANT TO DOCUMENT THAT STANDARD PROCEDURE AND SIGN OFF ON IT SO THERE'S A RECORD IF ANYONE EVER ASKS QUESTIONS ABOUT IT?

MR. WADE: OKAY. AND DO YOU RECOGNIZE 10526 TO BE SUCH A RECORD?

MR. WADE: OKAY. I MOVE THE ADMISSION OF 10526.

MR. WADE: AND THIS IS ONE OF THOSE STANDARD OPERATING PROCEDURES; CORRECT?

MR. WADE: OKAY. AND YOU SEE THERE THAT DR. SAWYER SIGNED OFF ON THIS DOCUMENT LATE MARCH 2015? DO YOU SEE THAT?

MR. WADE: AND YOU ALSO SEE THAT THERE ARE A NUMBER OF OTHER PEOPLE WHO HAD WORKED ON THIS PROCEDURE WHO ALSO SIGNED OFF; CORRECT?

MR. WADE: AND THOSE ARE PEOPLE WHO HAVE DIFFERENT CLIA LICENSES OR CERTIFICATIONS AS NOTED IN THEIR TITLES?

MR. WADE: AND JUST SO WE'RE CLEAR, THERE'S NOT A REQUIREMENT THAT BOTH LAB DIRECTORS SIGN OFF ON DOCUMENTS; CORRECT? IT ONLY REQUIRES ONE LAB DIRECTOR TO SIGN OFF ON DOCUMENTS; CORRECT?

MR. WADE: YEAH. AND I TAKE IT, SIR, THERE WAS NOTHING THAT MADE YOU UNCOMFORTABLE ABOUT THE FACT THAT THERANOS HAPPENED TO ASK DR. SAWYER TO SIGN OFF ON THESE DURING THIS PERIOD RATHER THAN YOU? THAT DIDN'T UPSET YOU, DID IT?

MR. WADE: RIGHT. BUT -- AND AS BEST YOU CAN TELL, SHE FILED THE APPROPRIATE PAPERWORK WITH CLIA; CORRECT?

MR. WADE: SURE.

MR. WADE: YOU SAW THE PAPERWORK WHERE DR. SAWYER SIGNED THE PAPERWORK TO BECOME A LAB DIRECTOR AT THERANOS; CORRECT?

MR. WADE: AND THE FACT THAT SHE WAS ACTING AS THE LABORATORY DIRECTOR ON THERANOS SIGNED DOCUMENTS, THAT DOESN'T GIVE YOU ANY CONCERN, DOES IT?

MR. WADE: RIGHT. I UNDERSTAND. BUT PUT DIFFERENTLY --

MR. WADE: -- IN THIS PERIOD WHERE THE GOVERNMENT WAS FOCUSSED ON WHERE YOU WERE NOT ACTING AS THE LABORATORY DIRECTOR, IT APPEARS THAT THERE WAS SOMEONE ELSE ACTING AS THE LABORATORY DIRECTOR AT THERANOS; CORRECT?

MR. WADE: SURE. I UNDERSTAND. AND LET'S GO TO 10529. DO YOU HAVE THAT DOCUMENT IN FRONT OF YOU, DOCTOR?

MR. WADE: AND DO YOU RECOGNIZE THIS TO BE AN EMAIL FROM LANGLY GEE TO YOU?

MR. WADE: AND THIS RELATES TO SOME REGULATORY PAPERWORK RELATING TO THERANOS LAB?

MR. WADE: OKAY. I WOULD MOVE THE ADMISSION OF 10529.

MR. WADE: I THINK IT'S A DIFFERENT DOCUMENT, JEFF.

MR. WADE: NOW, THIS IS AN EMAIL FROM LANGLY GEE. DO YOU SEE THAT?

MR. WADE: AND YOU UNDERSTOOD THAT LANGLY GEE WAS THE FULL-TIME QUALITY CONTROL AND QUALITY ASSURANCE MANAGER AT THERANOS?

MR. WADE: AND DO YOU RECALL, I BELIEVE MR. SCHENK SHOWED YOU A DOCUMENT YESTERDAY, IN THE SAME TIME PERIOD WHERE MR. GEE TOLD YOU THAT HE WAS GOING TO SEND YOU A FEW HUNDRED SOP'S TO REVIEW. DO YOU RECALL THAT?

MR. WADE: AND THERE'S ANOTHER EMAIL THAT I DON'T THINK MR. SCHENK SHOWED YOU -- MAYBE IT WILL REFRESH YOUR RECOLLECTION -- THAT YOU RESPONDED AND ASKED THAT HE SEND ABOUT 50 A WEEK SO YOU CAN SPACE YOUR REVIEW OUT OVER TIME. DO YOU RECALL THAT?

MR. WADE: AND THIS, I BELIEVE, WAS ONE OF THE FIRST PERIODS WHERE YOU WERE BEING ASKED TO REVIEW POLICIES; CORRECT?

MR. WADE: OKAY. AND I BELIEVE IT'S THE -- WITHIN A DAY OR TWO MR. GEE SENDS YOU THIS DOCUMENT. AND DO YOU SEE THAT THIS DOCUMENT NOTES THAT MS. SAWYER WAS COMING OFF OF THE CLIA LICENSE IN THIS PERIOD AND THERE WAS SOME PAPERWORK NEEDED IN CONNECTION WITH THAT?

MR. WADE: AND DOES THIS REFRESH YOUR RECOLLECTION THAT PART OF THE REASON WHY YOU WEREN'T CALLED UPON TO REVIEW POLICIES AND PROCEDURES UNTIL AUGUST WAS BECAUSE MS. SAWYER HAD SERVED THAT FUNCTION PRIOR TO THEN?

MR. WADE: ALL RIGHT. WITHIN THIS DOCUMENT, YOU UNDERSTOOD THAT SHE HAD PREVIOUSLY BEEN ON -- AS THE LAB DIRECTOR AND SHE WAS BEING REMOVED AT THIS POINT; RIGHT?

MR. WADE: AND THAT HAPPENS TO COINCIDE WITH THE TIME WHERE YOU'RE NOW ASKED TO REVIEW POLICIES; CORRECT?

MR. WADE: OKAY. AND IF YOU JUST -- IF WE LOOK AT THE NEXT PAGE, WE SEE -- I THINK WE HAD -- THERE WAS A VERSION OF THIS BEFORE WE LOOKED AT WHERE SHE WAS IDENTIFIED; CORRECT?

MR. WADE: BUT NOW THIS VERSION OF THE ROSTER, THE LABORATORY PERSONNEL REPORT, NOW REMOVES HER FROM THAT; CORRECT?

MR. WADE: AND SO -- AND IN THIS TIME THEN, YOU'RE ASKED TO TAKE ON A LITTLE MORE RESPONSIBILITY; CORRECT?

MR. WADE: OKAY. AND THAT'S NOTED IN MR. GEE'S EMAIL IN THE FIRST PAGE WHERE HE SAYS HE'S GOING TO START SENDING YOU 50 SOP'S PER WEEK. DO YOU SEE THAT?

MR. WADE: AND DO YOU UNDERSTAND THAT PART OF THE REASON WHY THESE SOP'S WERE BEING SENT TO YOU WAS BECAUSE THE COMPANY WAS GETTING ALL OF THEIR PAPERWORK IN ORDER BECAUSE THEY KNEW THAT THE CLIA AUDIT WAS COMING UP AND THEY WANTED ALL OF THE I'S DOTTED AND THE T'S CROSSED?

MR. WADE: OKAY. AND YOU DIDN'T WANT ALL OF THOSE POLICIES AT ONE TIME; CORRECT?

MR. WADE: YOU WANTED TO HAVE A LITTLE MORE TIME TO SPACE OUT YOUR REVIEW OF THOSE DOCUMENTS; ISN'T THAT RIGHT?

MR. WADE: AND MR. GEE SAYS THAT HE'LL SEND YOU 50 A WEEK; IS THAT RIGHT?

MR. WADE: AND IF WE GO TO THE SECOND PAGE OF THIS EXHIBIT, THIS DOCUMENT IDENTIFIES CLIA PERSONNEL WHO WORK WITHIN THE LAB; CORRECT?

MR. WADE: AND JUST SO WE'RE CLEAR, AT THE POINT THAT YOU WERE SERVING IN THIS AS-NEEDED ROLE FOR THE LAB, THE LAB WAS PRETTY WELL ESTABLISHED AT THIS POINT; CORRECT?

MR. WADE: YEAH. I MEAN, YOU UNDERSTOOD THAT THEY HAD HAD A LONG-TIME LAB DIRECTOR IN DR. ROSENDORFF PREVIOUSLY?

MR. WADE: AND MR. SCHENK SHOWED YOU A LOT OF THE DOCUMENTS WHERE YOU REVIEWED HIS WORK ESSENTIALLY. DO YOU RECALL THAT?

MR. WADE: AND WE'LL LOOK AT SOME OF THOSE DOCUMENTS, BUT AS A GENERAL MATTER, DID THE ROSTER OF PEOPLE AND THE FACT THAT THERE WAS THIS LAB DIRECTOR PREVIOUSLY GIVE YOU COMFORT AS TO THE MATERIALS THAT YOU WERE SIGNING OFF ON?

MR. WADE: AND, IN FACT, SIR, YOU'RE SPECIFICALLY AUTHORIZED TO DEPEND ON THOSE PEOPLE WHEN YOU SERVE AS A LABORATORY DIRECTOR; CORRECT?

MR. WADE: YEAH, LET'S TAKE A LOOK AT THAT. IF WE CAN GO TO 7603, AND THIS IS A BIG DOCUMENT, SO WE'LL PUT UP ON THE SCREEN THE RELEVANT PORTION. IT'S IN EVIDENCE. YOU'RE WELCOME TO LOOK AT ANY PORTION, BUT I WANT TO DRAW YOUR ATTENTION TO 1445. DO YOU SEE THAT? IT'S ON THE SCREEN. IT'S ACTUALLY ON THE SCREEN. IF WE CAN JUST HIGHLIGHT (C) AND (D) JUST SO IT'S A LITTLE BIT BIGGER. DO YOU SEE THAT, DOCTOR?

MR. WADE: OKAY. AND THIS NOTES THAT YOU HAVE TO BE ACCESSIBLE TO THE LABORATORY TO PROVIDE ON SITE TELEPHONE OR ELECTRONIC CONSULTATION AS NEEDED; RIGHT?

MR. WADE: AND YOU WERE SO AVAILABLE; CORRECT?

MR. WADE: AND THEN IT SAYS, "EACH INDIVIDUAL MAY DIRECT NO MORE THAN FIVE LABORATORIES." DO YOU SEE THAT?

MR. WADE: AND THAT MEANS THAT YOU COULD -- IT'S OKAY TO SERVE, UNDER THE REGULATIONS, AS A PART-TIME LAB DIRECTOR?

MR. WADE: AND YOU WERE A LAB DIRECTOR OF YOUR OWN LAB, BUT YOU WERE JUST A LAB DIRECTOR OF TWO LABS; CORRECT?

MR. WADE: OKAY. AND WHEN YOU'RE NOT A FULL-TIME LAB DIRECTOR, YOU HAVE TO RELY UPON SOME PEOPLE TO PERFORM SOME OF THE DAY-TO-DAY FUNCTIONS; CORRECT?

MR. WADE: BECAUSE NO ONE WAS PRETENDING THAT YOU WERE THERE EACH AND EVERY DAY; RIGHT? YOU WERE THERE AS NEEDED; CORRECT?

MR. WADE: RIGHT, RIGHT. AND THAT'S WHAT THIS REGULATION ALLOWS; CORRECT?

MR. WADE: AND DO YOU RECALL THAT AS A RESULT OF THAT, THAT YOU PREPARED SOME FORMAL WRITTEN DELEGATIONS WHERE YOU FORMALLY DELEGATED TASKS -- OR YOU SIGNED OFF ON FORMAL DELEGATIONS WHERE YOU FORMALLY DELEGATED TASKS TO SOME OF THESE OTHER FULL-TIME EMPLOYEES WITHIN THE CLIA LAB?

MR. WADE: WHY DON'T WE PULL ONE UP. LET'S LOOK AT 10577. DO YOU HAVE THAT IN FRONT OF YOU, DOCTOR?

MR. WADE: AND DO YOU SEE THAT 10577 IS A FORMAL WRITTEN DELEGATION WHERE YOU'RE DELEGATING DAY-TO-DAY RESPONSIBILITIES TO FULL-TIME EMPLOYEES WITHIN THE LABORATORY?

MR. WADE: OKAY. I MOVE THE ADMISSION OF 10577.

MR. WADE: OKAY. AND THIS DOCUMENT ASSIGNS CERTAIN DAY-TO-DAY RESPONSIBILITIES. IF WE CAN -- WELL, FIRST OF ALL, IT SETS FORTH THE MINIMUM QUALIFICATIONS NEEDED FOR SOMEONE TO SERVE AS THE TECHNICAL SUPERVISOR; CORRECT?

MR. WADE: AND THAT WAS IMPORTANT BECAUSE YOU NEEDED TO MAKE SURE THAT THEY MET THE REGULATORY STANDARDS; ISN'T THAT RIGHT?

MR. WADE: OKAY. AND IF WE GO TO THE DUTIES AND RESPONSIBILITIES, HERE THERE'S A FORMAL WRITTEN DELEGATION OF THOSE RESPONSIBILITIES TO MS. ALAMDAR. DO YOU REMEMBER MS. ALAMDAR?

MR. WADE: YEAH. AND SHE WAS AN EXPERIENCED LAB PERSON. DO YOU RECALL THAT?

MR. WADE: AND SHE WAS VERY INVOLVED IN THE ACTIVE DAY-TO-DAY MANAGEMENT OF THE LABORATORY; CORRECT?

MR. WADE: AND BY THIS DOCUMENT, SHE'S DELEGATED A LOT OF THOSE DAY-TO-DAY RESPONSIBILITIES; CORRECT?

MR. WADE: AND DO YOU SEE, FOR EXAMPLE, NUMBER 1 DELEGATES TO HER THAT SHE'S RESPONSIBLE FOR PROVIDING DAY-TO-DAY SUPERVISION OF THE HIGH COMPLEXITY TEST PERFORMANCE BY TESTING PERSONNEL. DO YOU SEE THAT?

MR. WADE: AND THEN THERE ARE A NUMBER OF OTHER OBLIGATIONS THAT ARE DELEGATED TO HER; CORRECT?

MR. WADE: AND AS A PART-TIME LAB DIRECTOR, IT'S NECESSARY FOR YOU TO DO THIS BECAUSE YOU CAN'T BE THERE EVERY DAY AND PERFORM THESE FUNCTIONS; CORRECT?

MR. WADE: OKAY. AND LET'S GO TO 10578. DO YOU HAVE THAT DOCUMENT IN FRONT OF YOU, DOCTOR?

MR. WADE: AND THIS IS ANOTHER DELEGATION, FORMAL WRITTEN DELEGATION OF RESPONSIBILITIES TO ANOTHER FORMAL -- ANOTHER FULL-TIME LAB EMPLOYEE AT THERANOS; CORRECT?

MR. WADE: MOVE THE ADMISSION OF 10578.

MR. WADE: AND THE GENERAL SUPERVISOR IS ACTUALLY A PRETTY SENIOR POSITION WITHIN THE LAB; CORRECT?

MR. WADE: AND THIS WAS DELEGATED -- IT'S A LITTLE HARD TO READ THE PRINT -- TO MR. GODFRED MASINDE?

MR. WADE: AND HE ASSUMED CERTAIN DAY-TO-DAY RESPONSIBILITIES TO ENSURE THAT THE CLIA OBLIGATIONS WERE MET; CORRECT?

MR. WADE: OKAY. AND THOSE ARE SET FORTH WITHIN THE NUMBERED ITEMS IN THIS DOCUMENT; IS THAT RIGHT?

MR. WADE: AND YOU SIGNED OFF ON THIS DOCUMENT INFORMALLY DELEGATING THOSE RESPONSIBILITIES TO HIM; CORRECT?

MR. WADE: AND LET'S GO BACK BRIEFLY TO EXHIBIT 2553, WHICH I THINK IS THE FIRST DOCUMENT. IF WE CAN JUST GO TO PAGE 10 OF THE EXHIBIT, I'M SORRY, PAGE 11 OF THE EXHIBIT. AND THE ROSTER OF PEOPLE, WE'VE TALKED ABOUT THESE A COUPLE OF TIMES. DO YOU RECALL?

MR. WADE: AND THE PEOPLE WHO YOU FORMERLY DELEGATED RESPONSIBILITIES TO, AS A PART-TIME LAB DIRECTOR, YOU WERE DEPENDING ON THESE PEOPLE TO PERFORM THEIR FUNCTIONS AS WELL; CORRECT?

MR. WADE: AND THIS ROSTER OF PEOPLE, THAT'S A PRETTY LONG ROSTER OF PEOPLE WHO ARE INVOLVED IN RUNNING THE LAB ON A FULL-TIME BASIS; ISN'T IT?

MR. WADE: RIGHT. AND A LOT OF PEOPLE WORKING FULL TIME WITHIN THE LAB; CORRECT?

MR. WADE: WELL, YOU SAW SOME OF THEM WHEN YOU WERE THERE FOR YOUR VISIT; RIGHT?

MR. WADE: AND IT WAS A BUSY PLACE?

MR. WADE: AND IN ADDITION TO THIS, YOU UNDERSTOOD MR. BALWANI WAS VERY ACTIVE IN THE MANAGEMENT OF THE LAB; CORRECT?

MR. WADE: HE WAS THE PERSON WHO HIRED AND FIRED PEOPLE AND HELPED WITH PROCESSES; CORRECT?

MR. WADE: AND HE WAS A VERY SENIOR OFFICER WITHIN THE COMPANY. I THINK WE TALKED ABOUT YESTERDAY; CORRECT?

MR. WADE: OKAY. AND DO YOU RECALL YESTERDAY -- I BELIEVE ON THE FLOOR THERE THERE'S A BIG BLACK BINDER. IT'S SOMEWHAT DAUNTING. BUT MR. SCHENK ASKED YOU A COUPLE OF QUESTIONS ABOUT THE VALIDATION REPORTS WITHIN THAT. DO YOU RECALL THAT?

MR. WADE: AND YOU HAD SIGNED, YOU HAD SIGNED OFF ON THOSE VALIDATION REPORTS, CORRECT, WITH THE EXCEPTION OF ONE, I BELIEVE.

MR. WADE: OKAY. AND LET'S, LET'S TAKE A LOOK. I THINK MR. SCHENK SHOWED YOU I BELIEVE IT WAS 9387, WHICH IS TOWARD THE BACK.

MR. WADE: AND MR. -- THIS IS A VALIDATION REPORT FOR THE TPSA ELISA ASSAY ON THE EDISON 3.X THERANOS SYSTEM. DO YOU SEE THAT?

MR. WADE: AND THIS IS ONE OF THOSE INSTANCES WHERE YOU SEE YOU WERE REVIEWING SOMETHING THAT FOUR PEOPLE HAD PREVIOUSLY SIGNED OFF ON; CORRECT?

MR. WADE: AND THREE OF WHOM WERE PH.D.'S?

MR. WADE: AND YOU UNDERSTOOD THAT THESE WERE ALL FULL-TIME EMPLOYEES AT THERANOS?

MR. WADE: AND THEY HAD SPENT A LOT OF TIME WORKING ON THIS; CORRECT?

MR. WADE: WELL, YOU SEE A LOT OF DATA AND INFORMATION?

MR. WADE: AND YOU WERE ESSENTIALLY UPDATING THAT YOU HAD REVIEWED THE DOCUMENT AS WELL, BUT YOU WERE RELYING UPON THEIR WORK; IS THAT RIGHT?

MR. WADE: OKAY. AND TO THE BEST OF YOUR KNOWLEDGE, THERE'S ACTUALLY NO REQUIREMENT THAT YOU HAVE TO SIGN OFF AGAIN ON VALIDATION REPORTS ONCE THEY'RE PUT WITHIN THE LAB, IS THERE?

MR. WADE: YEAH. AND MAYBE THIS WAS JUST DEEMED A GOOD PRACTICE, SINCE YOU WERE COMING IN, TO HAVE YOU LOOK OVER EVERYTHING?

MR. WADE: YOU WERE HAPPY TO LOOK AT THESE WHEN THEY SHOWED THEM TO YOU?

MR. WADE: AND YOU ACCEPTED IT?

MR. WADE: SO IT WAS A GOOD PRACTICE, BUT IT WASN'T A LEGAL REQUIREMENT OR ANYTHING?

MR. WADE: AND YOU HAVE NEVER SEEN A STATUTE THAT WOULD REQUIRE IT?

MR. WADE: AND WITH RESPECT TO SOME OF THESE, I DON'T KNOW IF YOU RECALL, BUT SOME OF THEM HAD AS MANY AS, YOU KNOW, NINE OR TEN PEOPLE WHO SIGNED OFF ON THOSE. AND IS IT FAIR TO SAY, IF I WENT THROUGH AND ASKED YOU QUESTIONS ABOUT THAT, YOU WERE RELYING UPON THE GOOD WORK OF THOSE PEOPLE WHO HAD DOCUMENTED ALL OF THIS WORK PREVIOUSLY; CORRECT?

MR. WADE: AND YOU DIDN'T HAVE ANY REASON TO NOT -- TO THINK THAT WORK WAS UNRELIABLE; CORRECT?

MR. WADE: OKAY. AND THIS PARTICULAR REPORT, THE 9387, THAT'S FOR THE EDISON -- THAT'S FOR THE EDISON DEVICE. DO YOU SEE THAT?

MR. WADE: AND MR. SCHENK ASKED YOU SOME QUESTIONS ABOUT THE EDISON DEVICE. DO YOU RECALL THAT?

MR. WADE: AND AGAIN, YOUR INTERACTIONS WITH THE COMPANY REALLY INCREASED IN AUGUST AFTER MS. SAWYER LEFT; CORRECT?

MR. WADE: OKAY. AND I DON'T THINK MR. SCHENK WENT THROUGH THIS, BUT ARE YOU AWARE THAT AS OF AUGUST OF 2015, THERANOS WAS ACTUALLY NOT RUNNING ANY TESTS ON THE THERANOS DEVICE, ON THE EDISON DEVICE?

MR. WADE: SO AT THE TIME THAT YOU'RE COMING IN IN AUGUST, THEY'RE NOT RUNNING A SINGLE TEST ON THE EDISON DEVICE; CORRECT?

MR. WADE: WELL, LET'S LOOK AT EXHIBIT 4533, WHICH I'LL HAND UP. MAY I APPROACH, YOUR HONOR?

MR. WADE: (HANDING.)

MR. WADE: LET ME KNOW ONCE YOU'VE HAD A CHANCE TO REVIEW THAT, DOCTOR.

MR. WADE: OKAY. AND DOES THIS REFRESH YOUR RECOLLECTION THAT THERANOS ACTUALLY, AT THE TIME THAT YOU ENGAGED IN AUGUST OF 2015, WASN'T RUNNING ANY TESTS ON THE EDISON DEVICE?

MR. WADE: I MOVE THE ADMISSION OF 4533.

MR. WADE: AND IF WE CAN BLOW UP THE BOX IN THE BOTTOM.

MR. WADE: ACTUALLY, WE SHOULD LOOK AT THE DATE FIRST. DO YOU SEE THAT THIS IS DATED SEPTEMBER 23RD, 2015; CORRECT?

MR. WADE: AND THIS IS JUST A SHORT TIME, WITHIN A COUPLE OF DAYS OF THAT CMS INSPECTION. DO YOU RECALL THAT?

MR. WADE: OKAY. AND IF YOU LOOK AT THE BOTTOM, THIS IDENTIFIES WHEN TESTS WERE FIRST RUN ON -- WHEN PARTICULAR ASSAYS WERE FIRST RUN ON THE EDISON DEVICE AND WHEN THEY ENDED; CORRECT?

MR. WADE: AND THE LAST DATES IDENTIFIED THERE ARE JUNE 25TH, 2015; CORRECT?

MR. WADE: AND THAT WAS BEFORE YOU ENGAGED ACTIVELY WITH THE COMPANY AFTER DR. SAWYER LEFT; CORRECT?

MR. WADE: OKAY. SO THERE WOULDN'T NECESSARILY EVEN HAVE BEEN A REASON FOR MR. BALWANI OR OTHERS TO SHOW YOU THE EDISON DEVICE ON THE TOUR; ISN'T THAT RIGHT?

MR. WADE: WELL, YOU DIDN'T ASK -- LET ME ASK THIS: YOU DIDN'T ASK THEM TO SHOW YOU THE OTHER DEVICES THAT THEY WEREN'T RUNNING TESTS ON, DID YOU?

MR. WADE: RIGHT. SO TO THE EXTENT THAT YOU'RE BEING ASKED TO SIGN PAPERWORK THAT RELATES TO THE 3.5 DEVICE, THAT'S MAYBE -- WAS THAT JUST LIKE A MINISTERIAL FUNCTION TO MAKE SURE THAT EVERYTHING HAD BEEN DOCUMENTED AND THEY HAD IT FOR THE FILES?

MR. WADE: AND THEN THEY LOG THEM IN THE FILES SO IF ANYONE HAS ANY QUESTIONS, THEY CAN COME AND PULL THEM OUT AND PEOPLE CAN LOOK AT THEM; CORRECT?

MR. WADE: OKAY. LET ME LOOK AT A COUPLE OF POLICIES. I PROMISE YOU I WON'T SHOW YOU EVERY DOCUMENT IN THE BINDER (INDICATING). MAY I APPROACH, YOUR HONOR?

MR. WADE: IF I COULD CALL YOUR ATTENTION TO EXHIBIT 9941, WHICH I BELIEVE SHOULD BE THE FIRST DOCUMENT IN THE BINDER. DO YOU SEE THAT?

MR. WADE: AND THIS IS A STANDARD OPERATING PROCEDURE FOR PROFICIENCY TESTING FOR THERANOS LAB DEVELOPED TESTS. DO YOU SEE THAT?

MR. WADE: AND YOU SIGNED OFF ON THIS IN SEPTEMBER OF 2015?

MR. WADE: MOVE THE ADMISSION OF 9941.

MR. WADE: OKAY. AND THIS WAS, THIS WAS ONE OF THOSE DOCUMENTS WHERE, AFTER YOU CAME IN AND YOU WERE ENGAGED WITH THE COMPANY IN AUGUST AND SEPTEMBER, WHERE YOU WERE ASKED TO REVIEW AND SIGN; IS THAT CORRECT?

MR. WADE: AND YOU WERE RELYING UPON DR. SAKSENA AND DR. YOUNG AND THEIR EXPERTISE WHEN YOU SIGNED OFF ON THIS; IS THAT CORRECT?

MR. WADE: IN FACT, DO YOU RECALL THAT DR. SAKSENA WAS ACTUALLY IN THE PROCESS -- HE WAS A FULL-TIME EMPLOYEE AT THERANOS; CORRECT?

MR. WADE: AND DO YOU RECALL ACTUALLY THAT HE WAS IN THE PROCESS OF GETTING SOME CERTIFICATIONS TO BECOME THE FULL-TIME LABORATORY DIRECTOR AT THERANOS AND SOUGHT YOUR ASSISTANCE IN CONNECTION WITH THAT?

MR. WADE: OKAY. WE'LL COME BACK TO THAT. BUT IN CONNECTION -- AND YOU SEE DR. YOUNG WAS A PH.D. AS WELL; CORRECT?

MR. WADE: OKAY. LET ME TURN YOU TOWARD THE BACK OF THE BINDER. LET ME TURN YOU TO EXHIBIT 9962. DO YOU HAVE THAT ONE IN FRONT OF YOU?

MR. WADE: AND DO YOU RECOGNIZE THIS TO BE THE QUALITY SYSTEMS MANUAL THAT YOU SIGNED OFF ON IN SEPTEMBER OF 2015?

MR. WADE: MOVE THE ADMISSION OF 9962.

MR. WADE: AND AGAIN, THIS IS THE QUALITY SYSTEMS MANUAL THAT WAS PREPARED BY NUMEROUS PEOPLE WITHIN THE COMPANY AND YOU WERE ASKED TO REVIEW AND SIGN OFF ON; IS THAT RIGHT?

MR. WADE: AND THESE ARE PEOPLE WHO WERE ALL FULL-TIME EMPLOYEES AT THERANOS?

MR. WADE: AND DO YOU SEE DR. MASINDE IS THE ONE WHO ACTUALLY PREPARED THIS AS THE TECHNICAL SUPERVISOR?

MR. WADE: AND LANGLY GEE WAS INVOLVED IN THIS BECAUSE HE WAS DOING FULL-TIME QUALITY ASSURANCE AND QUALITY CONTROL WORK?

MR. WADE: OKAY. AND I WANT TO JUST DRAW YOUR ATTENTION TO THE LAST PAGE OF THIS WHICH SHOWS THE REVISION HISTORY. DO YOU SEE THAT?

MR. WADE: AND THE REVISION HISTORY YOU MADE -- BASED ON YOUR REVIEW OF THESE DOCUMENTS AND OTHER DOCUMENTS, DO YOU UNDERSTAND THAT ONE OF THE THINGS THAT THE FULL-TIME PEOPLE WOULD DO WITHIN THE COMPANY IS THAT THEY WOULD CONTINUOUSLY UPDATE AND IMPROVE THE PROCEDURES AS THEY GOT MORE AND MORE EXPERIENCE WITHIN THE LAB?

MR. WADE: AND THAT'S -- THIS REVISION HISTORY REFLECTS A NUMBER OF ITERATIONS OF THIS DOCUMENT?

MR. WADE: AND YOU WERE JUST BEING ASKED TO SIGN OFF ON THE LATEST COPY OF THIS WITH THE NEWEST IMPROVEMENTS; IS THAT RIGHT?

MR. WADE: OKAY. LET ME SHOW YOU ONE MORE. LET'S GO TO 110, WHICH I THINK IS THE SECOND TO THE LAST DOCUMENT IN THAT BINDER. SO THAT'S 10010 I GUESS I SHOULD SAY. DO YOU HAVE THAT IN FRONT OF YOU, DOCTOR?

MR. WADE: AND DO YOU RECOGNIZE THIS TO BE A QUALITY CONTROL STANDARD OPERATING PROCEDURE THAT YOU WERE ASKED TO SIGN OFF ON IN SEPTEMBER OF 2015?

MR. WADE: MOVE THE ADMISSION OF 10010.

MR. WADE: OKAY. SIMILAR TO OTHER DOCUMENTS, THERE ARE THREE FULL-TIME EMPLOYEES WHO HAD PREPARED THIS IN ADVANCE OF YOUR REVIEW OF IT; IS THAT CORRECT?

MR. WADE: INCLUDING MR. GEE, WHO WAS FULL TIME RESPONSIBLE FOR QUALITY CONTROL?

MR. WADE: AND OTHER PEOPLE WHO WERE -- HAD SENIOR FUNCTIONS WITHIN THE LAB AT THIS TIME; IS THAT RIGHT?

MR. WADE: OKAY. AND SIMILARLY, IF WE JUST GO TO THE BACK OF THE DOCUMENT AND LOOK AT THE REVISION HISTORY. AS WITH OTHER POLICIES AND PROCEDURES THAT YOU SAW IN THE LAB, THIS REFLECTED THAT THERE WERE NUMEROUS AND ONGOING ITERATIONS AND DEVELOPMENTS OF THE POLICIES WITHIN THE LAB; IS THAT RIGHT?

MR. WADE: OKAY. THANK YOU. YOU CAN SET THAT BINDER ASIDE. LET ME ASK YOU, IN THE WHITE BINDER YOU WERE ASKED ABOUT A POLICY BY MR. SCHENK, WHICH I BELIEVE IS EXHIBIT 3041, WHICH IS IN EVIDENCE. DO YOU SEE THAT?

MR. WADE: AND MR. SCHENK HAD ASKED YOU -- THIS RELATES TO CRITICAL VALUES; CORRECT?

MR. WADE: AND FROM YOUR TRAINING, YOU'RE VERY FAMILIAR WITH CRITICAL VALUES AND WHAT THEY ARE; RIGHT?

MR. WADE: OKAY. AND IF YOU GO -- AND I THINK THERE WAS SOME DISCUSSION ABOUT CRITICAL VALUES. I JUST WANT TO MAKE SURE THE RECORD IS CLEAR. THE CRITICAL VALUES ARE ALL ACTUALLY SET FORTH IN THE BACK OF THE DOCUMENT, IS THAT RIGHT, IN APPENDIX A ON PAGE 9?

MR. WADE: AND GOING FORWARD.

MR. WADE: AND JUST SO -- THERE MAY HAVE BEEN SOME CONFUSION. I JUST WANT TO MAKE SURE IT'S CLEAR. THIS GIVES THE GUIDELINES FOR WHAT ARE CONSIDERED TO BE CRITICAL VALUES BY THE COMPANY WHEN THEY GET RESULTS WITHIN THE LABORATORY; CORRECT?

MR. WADE: AND THEN IF YOU LOOK EARLY IN THE PROCEDURE, IT THEN SAYS EXACTLY WHAT PEOPLE ARE SUPPOSED TO DO WHEN THEY GET CRITICAL VALUES; RIGHT? IF I CAN CALL YOUR ATTENTION TO PAGE 4 OF THE EXHIBIT. DO YOU SEE UNDER PARAGRAPH 7 THERE'S ACTUALLY A VERY SPECIFIC PROCEDURE THERE?

MR. WADE: AND THAT PROCEDURE GOES DOWN TO THE LEVEL OF DETAIL WHERE THEY PROVIDE A SCRIPT AS TO EXACTLY WHAT IS SUPPOSED TO BE SAID WHEN A CRITICAL VALUE IS REPORTED TO A DOCTOR; RIGHT?

MR. WADE: AND THEY GIVE A SCRIPT AND A VERY PRECISE PROCEDURE ABOUT WHAT IS SUPPOSED TO HAPPEN WHEN A CRITICAL VALUE IS REPORTED TO A PATIENT; CORRECT? IF YOU LOOK ON THE NEXT PAGE?

MR. WADE: AND DID THIS SEEM LIKE A GOOD PROCEDURE TO YOU?

MR. WADE: OKAY. AND IF YOU GO TO THE FRONT PAGE OF THAT AGAIN JUST QUICKLY. BY THE TIME THIS WAS PREPARED, DO YOU SEE THAT THERE WAS A NEW LABORATORY MANAGER REFLECTED THERE?

MR. WADE: MS. CENDEJAS. AND THEN THERE'S A NEW TECHNICAL SUPERVISOR AND A NEW GENERAL SUPERVISOR. DO YOU SEE THAT?

MR. WADE: AND DO YOU RECALL THAT TOWARD THE END OF 2015 THAT THERE WERE ACTUALLY A NUMBER OF NEW AND ADDITIONAL EXPERTS WHO WERE BROUGHT IN TO THE LAB, NEW NAMES THAT WERE APPEARING?

MR. WADE: OKAY. LET'S GO TO 10527.

MR. WADE: DO YOU HAVE THAT IN FRONT OF YOU, DOCTOR?

MR. WADE: AND I BELIEVE THIS -- WE TALKED ABOUT DIFFERENT EMAILS OF THIS NATURE PREVIOUSLY. DO YOU RECALL THAT?

MR. WADE: AND MR. SCHENK I BELIEVE SHOWED YOU THE BOTTOM EMAIL IN THIS CHAIN. DO YOU RECALL THAT?

MR. WADE: I MOVE THE ADMISSION OF 10527.

MR. WADE: THIS WAS THE EMAIL WHERE YOU WERE ASKING THAT DOCTOR -- OR MR. GEE SEND YOU ONLY 50 POLICIES A WEEK; CORRECT?

MR. WADE: AND I'M ASKING YOU THIS BECAUSE I WANT TO ASK SOME QUESTIONS ABOUT THAT PERIOD LEADING UP TO THE CMS AUDIT AND SOME QUESTIONS RELATING TO THAT.

MR. WADE: AND SO THAT KIND OF RAMP UP PERIOD STARTS HERE IN -- BLESS YOU -- IN EARLY AUGUST?

MR. WADE: AND LET'S LOOK AT 10528, WHICH I BELIEVE IS IN EVIDENCE. IT MIGHT BE A DIFFERENT -- THE COURT'S INDULGENCE FOR A MOMENT.

MR. WADE: YOUR HONOR, THIS DOCUMENT MAY BE IN EVIDENCE, AND WE'LL WORK IT OUT LATER. IT'S THE SAME DOCUMENT. I'LL JUST MOVE IT IN AND WE CAN CLARIFY THAT.

MR. WADE: I JUST WANT TO MAKE SURE THAT THE REDACTIONS ARE APPROPRIATE, AND I'M COMFORTABLE WITH THIS DOCUMENT.

MR. WADE: DO YOU HAVE 10528 IN FRONT OF YOU, SIR?

MR. WADE: OKAY. I THINK YOU WERE ASKED SOME QUESTIONS ABOUT THIS BY MR. SCHENK. DO YOU RECALL THAT?

MR. WADE: AND AGAIN, THIS IS THE PERIOD WHERE DR. SAWYER LEFT AND YOU WERE BEING ASKED TO SPEND MORE TIME AT THE COMPANY?

MR. WADE: OKAY. AND MR. BALWANI HAD TALKED TO YOU ABOUT -- YOU SEE HERE IN THE THIRD FULL PARAGRAPH, HE SAYS THAT WE HAVE A LAB AUDIT COMING UP ON 9/22 AT 9:00 A.M. DO YOU SEE THAT?

MR. WADE: AND HE NOTED THAT THEY HAPPEN EVERY TWO YEARS; RIGHT?

MR. WADE: AND YOU KNEW THAT BECAUSE YOU HAD BEEN THROUGH THESE BEFORE; CORRECT?

MR. WADE: AND HE WANTED TO SEE IF YOU COULD BE PRESENT FOR THAT; IS THAT RIGHT?

MR. WADE: OKAY. AND HE THEN STATES, "I HAVE A VERY CAPABLE TEAM THAT HAS TAKEN CARE OF ALL OF THE DETAILS AS ALWAYS, BUT WOULD LIKE TO HAVE YOU HERE FOR THE FIRST PART OR SO AND THE INTRODUCTION OF OUR TEAM." DO YOU SEE THAT?

MR. WADE: OKAY. AND DO YOU REMEMBER DISCUSSING WITH MR. BALWANI THAT THE COMPANY HAD BROUGHT IN SOME OUTSIDE EXPERTS TO HELP IT PREPARE AND DO MOCK AUDITS IN ADVANCE OF THIS CMS AUDIT?

MR. WADE: OKAY. FAIR ENOUGH. I'LL SHOW YOU SOME DOCUMENTS AND SEE IF I CAN REFRESH YOUR RECOLLECTION IN A MINUTE.

MR. WADE: BUT DO YOU SEE THAT HE SAID THAT HE HAD A FULL TEAM WHO WAS PREPARING FOR IT; RIGHT?

MR. WADE: OKAY. AND HE NOTES HERE THAT HE WILL PERSONALLY WALK YOU THROUGH THE LATEST UPDATES WITH THE TEAM; RIGHT?

MR. WADE: AND I THINK YOU TESTIFIED ABOUT THAT. YOU WENT AND YOU DID A WALK THROUGH WITH THE WHOLE TEAM; CORRECT?

MR. WADE: AND WAS THAT HELPFUL TO YOU?

MR. WADE: AND THE NEXT CLAUSE THERE SAYS, "WE HAVE HIRED MANY EXPERTS FROM THE INDUSTRY TO MAKE SURE LAB IS FLAWLESS AND AUDIT READY, SO I DON'T ANTICIPATE ANY HICKUPS, BUT AS ALWAYS, WANTED YOU TO BE FAMILIAR WITH IT." DO YOU SEE THAT?

MR. WADE: OKAY. SO WAS IT YOUR UNDERSTANDING THAT MR. BALWANI, GOING INTO THIS AUDIT, THOUGHT THAT THE LAB WAS IN GREAT SHAPE; RIGHT?

MR. WADE: I'M ASKING IF IT WAS HIS UNDERSTANDING BASED ON WHAT MR. BALWANI TOLD HIM IN THIS DOCUMENT.

MR. WADE: WELL, I -- I BELIEVE I CAN ASK HIM ABOUT HIS UNDERSTANDING ABOUT -- BASED ON HIS INTERACTIONS WITH MR. BALWANI.

MR. WADE: OKAY. WELL, YOUR HONOR, MAYBE IF I WITHDRAW THIS QUESTION AND TRY AGAIN, MAYBE I'LL DRAW ANOTHER OBJECTION.

MR. WADE: WAS IT YOUR UNDERSTANDING, BASED ON THE COMMUNICATIONS WITH MR. BALWANI, WRITTEN AND ORAL, THAT HE FELT LIKE THE LAB WAS IN GOOD SHAPE GOING INTO THE AUDIT?

MR. WADE: WAS IT YOUR UNDERSTANDING AS A RESULT OF THIS EMAIL, RECEIVING THIS EMAIL, THAT THE LAB -- THAT PEOPLE AT THERANOS BELIEVED THE LAB TO BE IN GOOD SHAPE?

MR. WADE: I'M ASKING ABOUT HIS UNDERSTANDING AND HE'S COMMUNICATING ON THESE ISSUES.

MR. WADE: YOU RECEIVED THIS COMMUNICATION FROM MR. BALWANI; CORRECT?

MR. WADE: OKAY. AND YOU SEE WHERE HE SAYS, "WE HAVE HIRED MANY EXPERTS," RIGHT? YOU SEE THAT?

MR. WADE: AND HE SAYS THAT THEY WANT TO MAKE SURE THAT THE LAB IS FLAWLESS AND AUDIT READY. DO YOU SEE THAT?

MR. WADE: AND YOU SEE WHERE HE SAYS HE DOESN'T ANTICIPATE ANY HICCUPS. DO YOU SEE THAT?

MR. WADE: AND WHAT DID YOU UNDERSTAND HIM TO MEAN BY HE DIDN'T ANTICIPATE ANY HICCUPS?

MR. WADE: IN THE INSPECTION?

MR. WADE: OKAY. BUT NOTWITHSTANDING ALL OF THOSE OUTSIDE EXPERTS WHO WERE INVOLVED, HE WANTED TO MAKE SURE THAT YOU COULD COME AND BE COMFORTABLE WITH EVERYTHING; CORRECT?

MR. WADE: AND FOR A WALK THROUGH IN ADVANCE OF THAT; CORRECT?

MR. WADE: AND YOU ACTUALLY IN THIS PERIOD, STARTING AUGUST 8TH, OR WHATEVER IT IS, UNTIL SEPTEMBER, YOU MADE A COUPLE OF TRIPS TO THE COMPANY; CORRECT?

MR. WADE: OKAY. AND WHEN YOU WERE AT THE COMPANY, DID YOU INTERACT WITH OTHER -- YOU INTERACTED WITH SOME OF THE OTHER LAB EMPLOYEES AS WELL?

MR. WADE: AND THEY SHOWED YOU THE DIFFERENT -- THE STATE OF THE LAB AT THE TIME?

MR. WADE: OKAY. AND DID THEY COMMUNICATE TO YOU THE READINESS FOR THE CLIA INSPECTION?

MR. WADE: OKAY. JUST THESE COMMUNICATIONS WITH MR. BALWANI?

MR. WADE: OKAY. AND THEN DO YOU RECALL THAT THE COMPANY HAD A LABORATORY CONSULTING FIRM THAT IT USED TO HELP MAKE SURE ITS POLICIES AND PROCEDURES WERE STATE OF THE ART AND THAT IT WAS PREPARED FOR THE CLIA INSPECTIONS?

MR. WADE: OKAY. AND DO YOU RECALL THE NAME JERRY HURST? IS THAT A NAME THAT IS FAMILIAR TO YOU?

MR. WADE: OKAY. LET ME JUST SEE IF I COULD REFRESH YOUR RECOLLECTION. TAKE A LOOK AT 13173. JUST READ IT TO YOURSELF AND LET ME KNOW WHEN YOU'VE HAD A CHANCE TO REVIEW THE EMAIL, SIR.

MR. WADE: DOES THIS REFRESH YOUR RECOLLECTION THAT THERE WAS A GENTLEMEN NAMED JERRY HURST AT LABORATORY CONSULTING SERVICES WHO HELPED THE COMPANY PREPARE WITH MOCK AUDITS FOR THE CLIA INSPECTION?

MR. WADE: OKAY. AND DO YOU KNOW WHETHER THE COMPANY ACTUALLY DID MULTIPLE MOCK AUDITS?

MR. WADE: OKAY. LET'S TAKE A LOOK AT 4528.

MR. WADE: 8.

MR. WADE: AND I THINK ON YOUR DIRECT TESTIMONY YOU SAID WHEN YOU ATTENDED THE AUDIT THAT THERE WAS SORT OF AN INTRODUCTORY PRESENTATION THAT WAS GIVEN TO THE PEOPLE WHO WERE COMING IN FOR THE INSPECTION. DO YOU RECALL THAT?

MR. WADE: YEAH. AND DO YOU RECALL THE POWERPOINT PRESENTATION THAT WAS GIVEN ON SEPTEMBER 22ND, 2015 TO THOSE INSPECTORS?

MR. WADE: OKAY. WELL, HAVE A LOOK AT EXHIBIT 4528 AND SEE IF THIS -- IF YOU RECOGNIZE THIS TO BE A POWERPOINT PRESENTATION THAT WAS GIVEN TO THE CLIA INSPECTORS?

MR. WADE: AND DO YOU RECALL BEING THERE FOR THAT PRESENTATION, AT LEAST THE INTRODUCTION PORTION OF THAT PRESENTATION?

MR. WADE: MOVE THE ADMISSION OF 4528.

MR. WADE: I BELIEVE YOU TESTIFIED THAT EVERYONE SORT OF GATHERED INITIALLY AND THERE WERE A NUMBER OF PEOPLE WHO WERE AROUND THE TABLE AND YOU WERE SORT OF SITTING IN THE BACK; IS THAT RIGHT?

MR. WADE: AND AS PART OF THAT -- THIS WAS ON SEPTEMBER 22ND, 2015?

MR. WADE: AND THEN AS PART OF THE INTRODUCTION, THE COMPANY WANTED TO GIVE SOME OVERVIEW INFORMATION ABOUT THEIR LAB OPERATIONS. DO YOU RECALL THAT?

MR. WADE: AND KIND OF INTRODUCE WHO THE RELEVANT PEOPLE WERE IN THE CLIA LAB?

MR. WADE: AND THEY DISPLAYED A POWERPOINT PRESENTATION AND KIND OF WALKED THEM THROUGH THAT. DO YOU RECALL THAT?

MR. WADE: AND THIS IS THAT PRESENTATION, CORRECT, SIR?

MR. WADE: OKAY. I MOVE THE ADMISSION OF 4528.

MR. WADE: OKAY. LET'S GO AND LOOK AT A COUPLE OF THESE SLIDES. IN PARTICULAR, LET'S GO TO I BELIEVE IT'S SLIDE 7. THIS IS THE ORG CHART FOR THE CLIA LAB THAT WAS DISPLAYED FOR THE INSPECTORS; IS THAT RIGHT?

MR. WADE: YES. AND THIS SHOWS ALL OF THE DIFFERENT PERSONNEL WHO WERE INVOLVED IN THE OPERATION OF THE CLIA LAB; IS THAT RIGHT?

MR. WADE: OKAY. INCLUDING THE PEOPLE -- AT THIS TIME THERE WERE TWO PEOPLE SERVING AS THE GENERAL SUPERVISOR; IS THAT RIGHT?

MR. WADE: AND THERE WAS ONE PERSON SERVING AS THE TECHNICAL SUPERVISOR; RIGHT?

MR. WADE: AND THOSE BELOW THE LABORATORY DIRECTOR, THOSE ARE THE HIGHEST POSITIONS WITHIN A CLIA LAB; IS THAT RIGHT?

MR. WADE: OKAY. AND THEN IF WE JUST GO TO THE NEXT PAGE -- WE WILL NEED TO WIPE THIS, MS. KRATZMANN. THANK YOU. THE NEXT PAGE, DO YOU SEE THE SPECIFIC PERSONNEL WHO ARE INVOLVED IN ALL OF THESE OPERATIONS ARE IDENTIFIED?

MR. WADE: AND THIS WAS A BIG OPERATION; IS THAT RIGHT?

MR. WADE: YEAH. AND IF YOU GO TO PAGE 11. YOUR CREDENTIALS ARE IDENTIFIED THERE. DO YOU SEE THAT?

MR. WADE: AND IF YOU GO -- AND WE'VE TALKED ABOUT THOSE IN YOUR DIRECT AND IN OUR INTRODUCTORY INTERACTIONS. IF YOU GO TO THE NEXT PAGE, YOU SEE DR. DANIEL YOUNG --

MR. WADE: -- IS IDENTIFIED THERE. AND DO YOU RECALL AT THIS TIME, IN ADDITION TO THE HIGH COMPLEXITY LABORATORY THAT YOU SERVED AS THE LAB DIRECTOR FOR, THERE WAS A MODERATE COMPLEXITY LABORATORY IN ARIZONA?

MR. WADE: HE SERVED AS THE LAB DIRECTOR THERE; CORRECT?

MR. WADE: AND THAT'S REFLECTED HERE. DO YOU SEE THAT?

MR. WADE: AND HE WAS ALSO INVOLVED IN ASSISTING WITH THE OPERATIONS OF THE NEWARK LAB AS WELL; CORRECT?

MR. WADE: YEAH. AND IF YOU GO TO PAGE 14. WE HAD TALKED ABOUT DR. SAKSENA. DO YOU RECALL THAT?

MR. WADE: AND DR. SAKSENA HAD HAD SIGNIFICANT EXPERIENCE WORKING AS THE DIRECTOR OF ASSAY SYSTEMS AT THERANOS. DO YOU RECALL THAT?

MR. WADE: AND THEN IN ADDITION TO THAT THIS GOES THROUGH -- IF WE GO TO 15 BRIEFLY -- THIS SETS FORTH THE QUALIFICATIONS AND EXPERIENCE OF DR. MASINDE. DO YOU SEE THAT?

MR. WADE: AND THE NEXT PAGE, THE QUALIFICATIONS OF MS. ALAMDAR. DO YOU SEE THAT?

MR. WADE: AND THEN THE NEXT PAGE, MR. SIDHU TOOK ON A -- HAD A SENIOR ROLE IN THE LAB. DO YOU RECALL THAT?

MR. WADE: AND THEN FINALLY THE NEXT -- IT'S MR. GEE WAS THE LONG-TIME QUALITY CONTROL MANAGER; CORRECT?

MR. WADE: AND DO YOU RECALL THAT IN CONNECTION WITH THESE INTERACTIONS WITH THE REGULATORS IN 2015, THAT ONE OF THE REGULATORS CAME IN AND MADE COMMENTS ABOUT HOW CMS WAS UNDER PRESSURE TO INSPECT THERANOS BECAUSE OF REPORTERS THAT WERE MAKING INQUIRIES OF CMS. DO YOU RECALL THAT?

MR. WADE: YEAH. AND THAT THEY WERE SAYING THAT AS A RESULT OF THOSE INQUIRIES, THEY FELT A NEED TO COME IN IN A PARTICULAR WAY IN THAT INSPECTION?

MR. WADE: OKAY. WELL, WHAT DO YOU RECALL BEING SAID BY THAT REGULATOR?

MR. WADE: UH-HUH.

MR. WADE: DO YOU RECALL WHETHER ANY OF THE REGULATORS SUGGESTED THAT THERE WAS A PARTICULAR REPORTER WHO WAS ON A CRUSADE AGAINST THE COMPANY?

MR. WADE: LET ME SEE IF I CAN REFRESH YOUR -- TAKE A LOOK AT 15324. YOU'RE NOT ON THIS DOCUMENT. JUST READ IT TO YOURSELF FOR A SECOND, DOCTOR.

MR. WADE: DOES THAT REFRESH YOUR RECOLLECTION THAT SOMEONE WITHIN CMS THOUGHT A PARTICULAR REPORTER WAS ON A CRUSADE AGAINST THE COMPANY?

MR. WADE: OKAY. DID YOU COME LATER -- I THINK MR. SCHENK ASKED YOU SOME QUESTIONS, YOU WERE CONTACTED BY REPORTERS YOURSELF. DO YOU RECALL THAT?

MR. WADE: AND WERE YOU AWARE THAT THERE WAS A REPORTER WHO WAS ACTUALLY THREATENING TO WRITE A STORY SUGGESTING THAT YOU WERE NOT LEGALLY QUALIFIED TO SERVE AS THE LABORATORY DIRECTOR?

MR. WADE: OKAY. BUT YOU WERE LEGALLY QUALIFIED TO SERVE AS A LAB DIRECTOR; CORRECT?

MR. WADE: AND YOU MET THE REQUIREMENTS, CORRECT, SIR?

MR. WADE: OKAY. I HAVE NO FURTHER QUESTIONS AT THIS TIME, YOUR HONOR. I PASS THE WITNESS. THANK YOU, DOCTOR.

MR. WADE: I BELIEVE I HAVE TWO QUESTIONS.